Legend tells of the twin sisters Liberty and Justice. These daughters were born out of the family of Truth, Right, Fairness, and Adversity. Liberty was a fierce and demanding child who insisted on the freedom to pursue her desire. At times, in her passion she overran her sister, Justice. Every where she went Liberty carried a torch to shine light on the path to autonomy. She would guide others out of the darkness of oppression. Once while trying to free a man from his accusers, Liberty became enraged and overcame her sister’s demands to weigh his actions fairly. Out of their struggle Justice was blinded. From that time on she carried a sword. She would no longer be overpowered by her well-meaning, but fervent sister. Justice became a welcome and familiar sight in all the land as she carried her scales and sword. The people cherished her wisdom and evenhandedness. As they grew older the sisters grew to depend on each other more and more. They worked in tandem to provide emancipation and fairness to their people. They were inseparable. Each found that with the other near they could rule their land with equality. Their people found that their lives were better now that they had both Liberty and Justice guiding their community.
I share this story as a reminder that liberty without the tempering effect of justice can be a destabilizing force. Unchecked, liberty can be rash and violent. Liberty’s demand of utmost freedom for all can overrun the right to safety and security that justice guarantees. America is a nation that pledges to have liberty and justice for all. We have struggled at times with who the “all” might be.
When we declared independence from Great Britain in 1776 we asserted it was self-evident, that ALL men are created equal. As our nation has developed and matured we have moved beyond dishonorable practices such as slavery and segregation. Our greatness has been discolored by the abuses of Native Americans, Japanese Americans and other minority groups. We do not want to repeat those kinds of mistakes. The Americans are better, more just than these previous actions would suggest. Let us not forget these past mistakes as we discuss the application Miranda Rights, torture, and civilian versus military trials for terrorists. Let’s remember that “When all is reckoned together the difference between man and man is not so considerable as that one man can thereupon claim to himself any benefit to which another may not pretend as well as he,” Thomas Hobbs, Leviathan.
If we insist on being evangelists of democracy, crusaders for human rights throughout the world, and the world’s police force, how can we deny to other people what we hold as basic, unalienable rights, even if they are our enemies? How can we turn our backs on the hard-learned lessons of our history?
The United States Bill of Rights, guarantees due process of law, the right to a speedy and public trial by an impartial jury, the right to be informed of the nature and cause of the accusation, to have the Assistance of Counsel for defense. In 1866 the Supreme Court ruled unanimously that it was unconstitutional to try civilians with military tribunals in any jurisdiction where civil courts were functioning, Ex Parte Milligan, 71 U.S. 2 (1866). If we would not deny to our citizens the rights guaranteed by the constitution, how can we honorably deny those rights to a citizen of the world? If the difference is not so considerable how can we deny the justice of a fair trial to any man?
Our Lady Liberty says:
Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me,
I lift my lamp beside the golden door!
Each American citizen has been granted liberty and justice. We cannot be so self-centered to offer that only to our friends and family. We must be the kind of people who value all nations and races. It is time that we offer to world, even our enemies, the basic rights that we take for granted. If we expect the world to live up to our moral standards, we must continue to uphold those human rights ourselves. We must lead by example to forge a more just world. We cannot let fear and ignorance be an excuse for dishonorable and immoral actions.
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